Article: Designation Of A Health Care Surrogate For A Minor
The following proposed statute is expected to pass during the next legislative session and
become law before this summer. This statute will give a parent or other legal guardian the
authority to designate a surrogate to give medical consent for a minor in the parent or the legal
custodian’s absence. For example, a caretaker being designated as a surrogate for emergency
medical treatment while the parents are on vacation and cannot be timely contacted. The
proposed statute reads as follows:
765.2035. Designation of a health care surrogate for a minor
(1) A natural guardian as defined in s. 744.301 (1), legal custodian or legal guardian of the
person of a minor may designate a competent adult to serve as a surrogate to make health care
decisions for the minor. Such designation shall be made by a written document which shall be
